International Trade

  • October 25, 2017

    Baker Botts Adds IP Litigator From Kirkland To DC Office

    Baker Botts LLP has added a former Kirkland & Ellis LLP intellectual property litigator who specializes in technology patent cases before the International Trade Commission as a special counsel in its Washington, D.C., office, the firm has announced.

  • October 25, 2017

    Head Of Wildlife Smuggling Conspiracy Pleads Guilty

    An Australian citizen admitted in Massachusetts federal court Tuesday that he led a conspiracy to smuggle $700,000 worth of items made from elephant ivory, rhinoceros horn and coral into China from the United States.

  • October 25, 2017

    Senators Want Steel Trade Probe To Accelerate

    The U.S. Department of Commerce should speed up its probe into whether to impose new national security-based steel tariffs to counter efforts by other countries to dump the commodity into the U.S., Massachusetts’ two Democratic senators urged the agency on Wednesday.

  • October 25, 2017

    Supplement Cos., Execs Indicted Over Hidden Stimulants

    Four nutrition companies and five Chinese citizens with high-ranking roles at the businesses were indicted Wednesday in Texas federal court on allegations they conspired to sell dietary supplements that included stimulants not disclosed on their labels.

  • October 25, 2017

    What To Watch For As US Reboots India Trade Engagement

    U.S. officials are slated to huddle with their Indian counterparts and talk trade on Thursday, offering the Trump administration its first chance to put its stamp on a crucial bilateral relationship and tackle a slew of market access issues afflicting U.S. businesses in a litany of sectors.

  • October 25, 2017

    Major Wine Exporters To Observe Canada-US WTO Battle

    Canada has accepted requests by the European Union, Argentina, Australia and New Zealand to formally observe a dispute brought by the United States over its northern neighbor’s purported restrictions on foreign wine reaching its grocery stores, the World Trade Organization said Wednesday.

  • October 25, 2017

    UK Seeks Broad Outline Of Brexit Transition By Early 2018

    The U.K. seeks to agree to a broad outline of a transitional Brexit arrangement with the European Union by the first quarter of next year, but the deal might not be finalized until just before Britain leaves the bloc in March 2019, British Brexit Secretary David Davis said Wednesday.

  • October 24, 2017

    M&G Chemicals Unit Opens Ch. 11 With $100M-Plus Debt

    An American subsidiary of M&G Chemicals, one of the world's largest plastic resin producers, sought Chapter 11 protection in Delaware on Tuesday, following its Italian parent into bankruptcy and listing between $100 million and $500 million in liabilities.

  • October 24, 2017

    Turkish Pipe Producer Objects To Commerce CVD Benchmark

    Turkish steel pipe producer Toscelik Profil filed a complaint in the U.S. Court of International Trade on Monday requesting that a U.S. Department of Commerce decision slapping the company with countervailing duties earlier this month be remanded for redetermination.

  • October 24, 2017

    Rio Tinto Hit With Investor Suit Over Mozambique Coal Fraud

    Rio Tinto and two former top executives were slapped Monday in New York federal court with a lawsuit by investors seeking damages after the U.S. Securities and Exchange Commission accused the company of fraudulently concealing the decline in value of a Mozambique coal business that it acquired for $3.7 billion and later sold for just $50 million.

  • October 24, 2017

    Grassley Rips TN Visas For Bringing In 'Cheap Foreign Labor'

    Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, on Monday urged the Trump administration to consider renegotiating a guest worker component in NAFTA that facilitates the TN visa category, calling it a vehicle for businesses to import  “cheap foreign labor” into the United States.

  • October 24, 2017

    OECD Floats Ways For Countries To Tax Intangibles

    The Organization for Economic Cooperation and Development on Tuesday weighed possible approaches for countries to collect value-added tax on cross-border trades of digital and other intangible products, including a requirement for suppliers outside a tax jurisdiction to account for VAT.

  • October 24, 2017

    Citing NAFTA Secrecy, Wyden Vows To Oppose Trade Noms

    Senate Finance Committee ranking member Ron Wyden, D-Ore., said Tuesday that he will not support advancing any new Trump administration trade nominees out of committee until the White House provides more clarity on its objectives in the renegotiation of the North American Free Trade Agreement.

  • October 24, 2017

    US Slaps More Duties On Argentine, Indonesian Biodiesel

    The U.S. Department of Commerce teed up another early round of tariffs on biodiesel imports from Argentina and Indonesia late Monday after finding the dynamic fuel source was being sold at unfairly low prices in the U.S. market.

  • October 23, 2017

    Rimon Grows Silicon Valley Office With Orrick IP Pro

    Rimon PC has snagged a new intellectual property partner for its Palo Alto office who boasts years of experience advising and representing Chinese companies at Orrick Herrington & Sutcliffe LLP and developing the firm's drone technology practice.

  • October 23, 2017

    China Lifts Ban On European Soft Cheeses Amid EU Protest

    China on Monday lifted, effective immediately, its ban on a variety of soft, moldy cheeses from Europe less than two months after it was imposed, after the European Union said the ban didn’t smell right.

  • October 23, 2017

    House OKs Shipping Security, Cuba Travel Bills

    The House of Representatives passed a series of bills Monday aimed at increasing shipping security, intercepting international drug shipments, and investigating the security standards in Cuban airports.

  • October 23, 2017

    Dems Want Admin Progress On Security-Based Trade Probes

    A group of Democratic senators expressed concern to Commerce Secretary Wilbur Ross over the administration's shelving of security-based steel and aluminum investigations in favor of a legislative push for tax reform, arguing the two efforts are separate and delaying the investigation hurts U.S. workers.

  • October 23, 2017

    Investor Council Tardy With Del. Walmart Appeal Amicus Bid

    Delaware’s Supreme Court on Monday shot down as too late an investor group’s bid to weigh in on a closely watched appeal involving Walmart Corp., bribery in Mexico and the multijurisdictional fallout from stockholder derivative suit dismissals.

  • October 23, 2017

    WTO Dispute Roundup: Gulf Spat Churns, Appeals Rift Widens

    In Law360’s latest glimpse at the World Trade Organization’s Dispute Settlement Body, a bitter showdown over a commercial boycott in the Persian Gulf lurches forward while members fail to gain traction in their quest to resolve a quarrel over the filling of vacant Appellate Body seats.

Expert Analysis

  • How ITC May Handle Inter Partes Review Estoppel

    Bryan Vogel

    The Federal Circuit and several district courts have issued decisions interpreting the inter partes review estoppel provisions, but the U.S. International Trade Commission has not yet had an opportunity. Bryan Vogel and Derrick Carman of Robins Kaplan LLP analyze the likely ways in which the ITC will follow or depart from the Article III courts in its application of the estoppel provisions.

  • CFIUS, China And Trump Administration: 5 Things To Know

    Scott Flicker

    One consequence of the increasing restriction being imposed on Chinese investment in the U.S. is that more transactions will be structured to fall outside the scope of the Committee on Foreign Investment in the United States, arguably weakening its effectiveness as a national security gatekeeper, says Scott Flicker of Paul Hastings LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • What Senate Democrats Added To 'Buy American' Efforts

    Justin Ganderson

    It is clear that certain Senate Democrats want to strengthen “Buy American” policies and requirements, and they likely will continue to focus their efforts on “Buy American” reform. It is also quite notable that these same Senate Democrats essentially are aligned with the Trump administration on these matters, say attorneys with Covington & Burling LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • 5 Takeaways From The Largest FCPA Resolution

    Abdus Samad Pardesi

    Beyond the stark lesson of the costs associated with bribing foreign officials, there are several key takeaways from Telia’s recent $965 million Foreign Corrupt Practices Act penalty, including the Trump administration’s continuing commitment to enforcing the FCPA and extracting significant settlements, say attorneys with Kirkland & Ellis LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • WTO's Boeing Ruling Highlights Importance Of Contingency

    Brendan McGivern

    The World Trade Organization Appellate Body recently ruled that tax incentives provided by Washington state in the aerospace sector are not prohibited import substitution subsidies. The decision indicates that a challenge to such subsidies can only succeed if it shows that they are contingent upon the use of domestic goods, says Brendan McGivern of White & Case LLP.

  • Inside CFIUS’ Annual Report: 7 Highlights

    Mario Mancuso

    Last week, the Committee on Foreign Investment in the United States released its unclassified annual report for the 2015 calendar year. While dated, the information in the report is nevertheless useful — the data clearly point to the CFIUS future we are now living through, say attorneys with Kirkland & Ellis LLP.